Criminal Illegality or Administrative Illegality： Rational Analysis of A Case of Illegal Logging National Key Protected Plant Withered to Death

Villager NING Xianghao, who cut down a withered up for 10 years camphor tree which is national key protected wild plant (category Ⅱ) , with the gathering license of national key protected plants but without forest tree felling license. He was condemned to punishment because of his violated illegal logging national key protected wild plant by the People’s Court of Wuyuan County, Jiangxi Province. This paper believes that the national key protected plants withered to death have lost the precious value,which do not belong to national key protected wild plants category any more. NING Xianghao’s behavior, felling a camphor tree illegally, doesn’t infringe the benefits protected by criminal law. His behavior belongs to illegal denudation, do not constitute crime of illegal logging national key protected wild plants. It should belong to administrative illegal activities of violating administrative licensing. So he should obtain administrative punishment.